Expert Strata Building Defect Lawyers in Sydney, NSW
PBL Law Group is NSW’s premier strata litigation firm for high-stakes building defect claims & disputes.
- Strategic Litigation for Major Building Defect Claims.
- Powerful Advocacy for Both OCs & Developers.
- Securing Your Best Outcomes in NCAT & Court.
- Clear Guidance on Your Rights, Liabilities & Warranties.
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We will call you within 24 hours.
Who Our NSW Strata Building Defect Lawyers Help
Strata Lot Owners & Home Owners
We provide advice on defect claims; help you understand warranty rights; & represent you in disputes with your OC or builder & more...
Property Developers & Builders
We defend against defect allegations; manage contract disputes; advise on statutory obligations & minimise your liability & more...
Strata Managers
We provide guidance on managing OC defect claims; assist in coordinating rectification works; & offer support in major defect disputes & more...
Existing Owners Corporations
We pursue major building defect claims; manage the rectification process; & provide powerful representation in NCAT & court & more...
New Owners Corporations
We manage initial defect period claims; provide clear advice on builder warranties; & navigate early defect disputes effectively & more...
Strata Building Defect Lawyers Services
Initial Defect Assessment & Strategy
Concerned about building defects? We assess your legal position, advise on warranty rights & formulate a clear strategy for your claim.
Managing Builder & Developer Negotiations
We manage all negotiations with the builder or developer, formally putting them on notice & pursuing a cost-effective resolution to fix defects.
NCAT & Court Defect Litigation
When negotiations fail, our litigation lawyers provide powerful representation in NCAT & NSW Courts to prosecute your claim & secure compensation.
Defending Against Defect Claims
For developers & builders, we provide a robust legal defence against inflated or baseless defect claims to minimise your liability & exposure.
Home Warranty & Security of Payment Claims
If a builder is insolvent or fails to pay, we pursue all other avenues, including home warranty insurance & security of payment claims.
Expert Evidence & Scott Schedules
We manage the critical process of engaging experts & preparing detailed Scott Schedules to ensure your claim is powerfully evidenced for court.
Real 5-Star Client Reviews
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We will call you within 24 hours.
Our 4-Step Process to Winning Your Strata Appeal
1
Case Review & Planning
Our strata defect lawyers review your defect reports & evidence, assess prospects & set a focused legal plan to achieve your objectives.
2
Preparation & Filing
Our strata defect lawyers draft all necessary legal documents & submissions, finalise expert evidence & manage all filings on time.
3
Fierce Advocacy
Our strata litigation lawyers deliver powerful arguments in negotiations, mediation, or at the hearing in NCAT or the Supreme Court.
4
Orders, Costs & Next Steps
Our lawyers secure rectification & compensation orders, handle costs arguments, implement outcomes & map out any next steps.
Have the Authors of Strata Law Fight Your Defect Claim
Winning a complex building defect claim requires an exceptional command of strata & construction law. Our team includes industry-defining experts like Raea Khan & Alex Ilkin – the published author of textbooks including “Strata Legislation Handbook NSW” (often called the “Strata Bible”) and “NSW Strata and Community Schemes Management and the Law“.
Our firm’s expertise has been tested & proven in landmark defect cases before the Supreme Court, Court of Appeal & NCAT. By also helping shape strata legislation for the NSW Government, we offer an unparalleled depth of knowledge that gives you the ultimate strategic advantage.
Speak to our Strata Building Defect Lawyers Now
We will call you within 24 hours.
Why Choose Our Strata Lawyers?
1
Clear Communication
Our legal team provides clear advice & listens to your needs. You’ll have direct access to your dedicated strata lawyer for regular updates from start to finish.
2
Practical Defect Solutions
Our strata lawyers offer practical strategies to resolve your defect claim. Our cross-disciplinary expertise in construction & strata law protects you from every angle.
3
Proven Litigation Record
Our strata litigation lawyers are seasoned advocates with a formidable record of success in complex defect cases in the NSW Supreme Court, Court of Appeal & NCAT.
4
Unmatched Authority
We are industry leaders who have authored key textbooks on NSW strata law & advised the government, giving your defect case a significant advantage.
Speak to our NSW Strata Defect Lawyers Now
We will call you within 24 hours.
Strict Time Limits Apply to All Building Defect Claims
Building defects range from water leaks & cracks to major structural failures. Under NSW law, your Owners Corporation has a strict duty to maintain common property & strict time limits to claim against a builder for defective work.
Delaying action can mean losing your right to claim compensation forever. Our strata defect lawyers provide urgent, clear advice on identifying defects, understanding your statutory warranty periods, & taking the necessary legal steps to hold builders & developers accountable.
Building a Winning Strategy for Your Defect Dispute
Most strata defect disputes begin in the NSW Civil & Administrative Tribunal (NCAT). However, major claims involving significant compensation often escalate to the District or Supreme Court. Knowing the right forum & strategy from the start is critical.
Our strata litigation lawyers are seasoned advocates in all of these forums. We develop a clear pathway for your dispute, aiming for a cost-effective resolution through negotiation first, but always prepared with a powerful, evidence-based case for a hearing.
Speak to our Construction Defect Lawyers Now
We will call you within 24 hours.
FAQs about Strata Building Defects Delays & Claims
What is a strata building defect and who is responsible for fixing it?
A strata building defect is a fault or issue in a strata building’s construction or materials, and responsibility for fixing it primarily depends on whether the defect is located in common property or within an individual lot. Generally, the owners corporation is responsible for repairing defects in common property, while lot owners are responsible for defects within their own lot. However, exclusive use by-laws can modify these responsibilities, potentially making a lot owner responsible for the upkeep and repair of a designated common property area.
How long do I have to make a building defect claim in NSW?
The time limit to make a building defect claim in NSW varies depending on whether the defect is classified as a major (structural) or non-major (non-structural) defect. For major defects, the statutory warranty period is generally six years from the completion of the building work, while for non-major defects, it is typically two years. It is crucial to act promptly and seek legal advice from a Strata building defects lawyers in Sydney to ensure you understand and comply with these strict timeframes under NSW legislation.
What legal options are available if the builder delays defect rectification?
If a builder delays the rectification of building defects in your strata scheme, several legal options are available, including negotiation, alternative dispute resolution (ADR), and formal legal proceedings. Initially, your strata lawyer can assist in negotiating directly with the builder or engaging in ADR processes like mediation to encourage timely defect rectification. Should these methods prove unsuccessful, it may be necessary to commence formal proceedings in the NSW Civil and Administrative Tribunal (NCAT) or the courts to compel the builder to complete the required work.
Can owners corporations claim under home warranty insurance for building defects?
Yes, an owners corporation in NSW can often make a claim under home warranty insurance for building defects related to defective or incomplete residential building work, particularly if the builder has become insolvent, disappeared, or died. Eligibility for a claim depends on specific criteria, including the nature of the defect and the timing of the claim relative to the insurance period. Navigating the process for a warranty insurance claim can be complex, so obtaining legal advice is recommended to ensure all requirements are met for your strata building.
How does the Design and Building Practitioners Act affect strata building defect claims?
The Design and Building Practitioners Act 2020 (NSW) significantly impacts strata building defect claims by introducing greater accountability for builders, designers, and other building practitioners involved in construction work. This legislation establishes a statutory duty of care owed by these practitioners to owners corporations and subsequent lot owners, making it easier to establish liability and pursue claims for building defects. The Act aims to improve building standards across NSW and provides an important avenue for resolving defect issues in a strata scheme.
What is the role of NCAT in resolving strata building defect disputes?
The NSW Civil and Administrative Tribunal (NCAT) plays a vital role in resolving strata building defect disputes by offering a specialised and accessible forum for hearing such matters. NCAT has jurisdiction over many building defect claims, particularly those under the Home Building Act 1989 (NSW), and its processes are often more informal and cost-effective than traditional court litigation. The tribunal can issue various orders, including directing a builder to rectify defects or ordering compensation to be paid to the owners corporation for losses incurred due to a building defect.
How can PBL Law Group assist with building contract disputes in strata schemes?
PBL Law Group can assist with building contract disputes in strata schemes by providing expert legal advice on contractual terms, identifying breaches, and outlining your legal rights and obligations. Our strata lawyers can review building contracts to pinpoint potential issues, negotiate with builders or developers to resolve disputes, and advise on the most effective dispute resolution pathways. Should negotiations fail, our law firm is experienced in representing strata schemes in formal dispute resolution processes, including mediation and proceedings before
Visit Our Sydney Strata Lawyers
We provide expert strata law advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in Gosford, Gorokan & Coffs Harbour.
Speak to our NSW Building Defect Lawyers Now
We will call you within 24 hours.
How Our NSW Strata Lawyers Can Assist You
Strata Building Defects
Building defects? We seek rectification and compensation for Owners Corporations and lot owners, safeguarding your investment.
Resolving Strata Disputes
Resolving strata conflicts, from owner disagreements to OC disputes, with strategic advice for effective outcomes.
Strata By-Laws
Crafting, reviewing & enforcing compliant by-laws for harmonious strata living and effective management.
Strata Property Development
Assisting developers with strata schemes, subdivisions, easements, and redevelopment projects.
Strata Levy Recovery
Ensure your Owners Corporation's financial stability by recovering unpaid levies and enforcing payment through effective legal strategies.
NCAT Strata Disputes
Expert representation at NCAT for strata disputes. Resolve issues like by-law breaches, repairs, and owner conflicts effectively.
Strata Renewal
Expert advice for strata renewal & collective sale. We help owners maximise value and ensure compliance.
For Owners Corporations
Expert legal advice to Owners Corporations, guiding strata committees on governance, compliance & dispute resolution.
Strata Building Management Agreements
Expert advice on management & caretaker agreements. We draft & review to protect your scheme.
Supreme Court Strata Litigation
High-stakes strata litigation & appeals. Expert representation in the Supreme Court for complex disputes.
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